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Leverage or Over a Barrel
From the text of Hovsepian's Open Letter:

"We have a strong patent portfolio and we have leveraged that portfolio for the benefit of the open source community."

I find the use of the word 'leverage' most interesting.

Do you suppose Novell has 'leverage'? What kind?

I happen to believe this 'deal' was 'leveraged' by Novell's legal position on Unix and the failure of the failed proxy SCO vs IBM suit.

It's a concession by MS to have even came to the table and reached any form of accord with any Linux Distro.

MS needs Linux and Novell has the Unix card--Novell own it, not SCO.

Things are not always as they are made to appear.
Ballmer wants it to appear that Linux patent infringement is the crux of the agreement.

We don't have all the details for the Novell-MS agreement, the quid pro quo.

It will be interesting to see where this winds up--but I'll wager that in the end MS will be on the short end of the stick with no legal standing against Linux whatsoever, Mono doesn't enter into Linux, the kernel. But Mono does play a large part in Novell's strategy in Linux-centric solutions--most notably ZENWorks.

It's business as usual at Novell Folks.

Hang in there!
Posted by: D. T. Schmitz   Posted on: 11/20/06 You are currently: a Guest | Members login | Terms of Use
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Leverage or Over a Barrel  D. T. Schmitz | 11/20/06
Not so  Tim Patterson | 11/21/06
Not quite.  techboy_z | 11/21/06
Absolutely!!  techboy_z | 11/21/06
David, your first sentence here says it all...  Tony Agudo | 11/20/06
Novell can't request a Decl. Judgement  FamilyManFirst | 11/21/06
Interesting  clockmendergb@... | 11/21/06
questions  Eduardo_z | 11/20/06
If it turned out to be FAT, how would you "re-write" it?  Scrat | 11/21/06
It wouldn't be FAT, just an aspect of VFAT.  Zogg | 11/21/06
you do not  NemesisNL | 11/21/06
Something like that would most likely  Jim Blaine - Bellingham WA. | 11/21/06
I don't see how that would be a problem  voska | 11/21/06
No need, there are workarounds!  tiger99999 | 11/21/06
FAT patent is open to challenge....  techboy_z | 11/21/06
by formatting it as ext2...  galileon | 11/21/06
Yes, it looks like MS is getting desperate and has decided to start with  DonnieBoy | 11/20/06
MS are getting desperate? Oh clueless one  Scrat | 11/21/06
aahhhh and that's why  NemesisNL | 11/21/06
What's that got to do with it?  dave.leigh@... | 11/21/06
MS is the one that wanted the "patent" protection clauses, NOT Novel.  DonnieBoy | 11/21/06
Desperation's not necessary where calculation will do.  dave.leigh@... | 11/21/06
Even if it was a calculated move to slow Linux adoption, it still means  DonnieBoy | 11/21/06
(Yoda voice): ADDRESSED it, they have. hmMMMmm!!!  dave.leigh@... | 11/21/06
"Vista to run on less than 10% of world PCs by year-end 2007"  ~doolittle~ | 11/21/06
Well, Linux will be ahead of Vista!  tiger99999 | 11/21/06
10%? Buwahahahaha  No_Ax_to_Grind | 11/21/06
That is an inaccurate measure of actual install base.  Jim Blaine - Bellingham WA. | 11/21/06
If there is no way to measure  eb276 | 11/21/06
First I never quoted a penetration number  Jim Blaine - Bellingham WA. | 11/21/06
So you can't really say he is not close?  eb276 | 11/21/06
Who is correct?  Jim Blaine - Bellingham WA. | 11/21/06
It sounds as though you're getting desperate, DB  John Zern | 11/21/06
So let MS tell everybody where the stolen code is. Oh, there might be a few  DonnieBoy | 11/21/06
Who said anything about "code"  No_Ax_to_Grind | 11/21/06
Software ones do  voska | 11/21/06
The patents are implemented in the source code. Yes, with patents, you  DonnieBoy | 11/21/06
Sorry, wrong as usual.  No_Ax_to_Grind | 11/21/06
And those functions can be rendered  Jim Blaine - Bellingham WA. | 11/21/06
There are often work arrounds that use a different algorithm, but have the  DonnieBoy | 11/21/06
- SKIPPED -  nomorems | 11/21/06
Yeah, that's why Novell pays $40 MILLION.  No_Ax_to_Grind | 11/21/06
And why Microsoft responded in kind with a much larger amount  zkiwi | 11/21/06
You are missing the point  balsover | 11/21/06
I find it very interesting..  nomorems | 11/21/06
"as slimy as MS is back in the 80?s"  Ole Man | 11/25/06
Typical MS misinformation.  ITSa341@... | 11/20/06
A good deal for both sides.  Anton Philidor | 11/20/06
The real reason for the agreement is becoming obvious to all  Richard Flude | 11/21/06
Hmmm.... Ya THINK....!?  dave.leigh@... | 11/21/06
One can only hope that cooler heads will prevail ...  George Mitchell | 11/21/06
Business context  Anton Philidor | 11/22/06
Do you think Microsoft knew this would occur?  clockmendergb@... | 11/21/06
query  vikas193 | 11/20/06
Read all about it....  bportlock | 11/21/06
Here is the answer...  owidder | 11/21/06
What did Novell expect?  Chad_z | 11/21/06
This won't be all roses for MS though. It give a lot of publicity to Novel,  DonnieBoy | 11/21/06
Sigh, still wrong.  No_Ax_to_Grind | 11/21/06
Sorry but you are wrong...  Jim Blaine - Bellingham WA. | 11/21/06
You need to read trhe entire thread.  No_Ax_to_Grind | 11/21/06
I did, seems you ability to comprehend a response is in question...  Jim Blaine - Bellingham WA. | 11/21/06
Right, the arrogance of "we can do no wrong, and besides noboidy cares".  DonnieBoy | 11/21/06
Sorry, your basing your claims on fell good rants.  No_Ax_to_Grind | 11/21/06
Oh yea, quote Fortune magazine...  Physco Dude | 11/24/06
"Dude, let me lend you a clue"  Ole Man | 11/25/06
Tis a clear case of  Jim Blaine - Bellingham WA. | 11/21/06
Lots of words but Novell is  No_Ax_to_Grind | 11/21/06
Insurance  voska | 11/21/06
I agree, to a point...  No_Ax_to_Grind | 11/21/06
They told you...can you read?  techboy_z | 11/21/06
And yet, they didn't need to give away $40 Million.  No_Ax_to_Grind | 11/21/06
Well...  techboy_z | 11/21/06
Simple answer  Physco Dude | 11/24/06
"Let the lawyers deal "  Ole Man | 11/25/06
Few words: M$ pays Novell $348 million. For what?  Still Lynn | 11/21/06
I'm not sure where this figure is coming from...  Physco Dude | 11/24/06
Now the true power of MS will show itself...  Mike Cox | 11/21/06
Oh Mikey,  swoopee | 11/21/06
New development in Mikey's saga  luke_sg | 11/21/06
All of my opinions aside  Shelendrea | 11/21/06
Sensationalism sells  Jim Blaine - Bellingham WA. | 11/21/06
MS gets to use Linux code in Vista?  martin23 | 11/21/06
...and then Vista will be free!  tiger99999 | 11/21/06
More likely....  startx.jeff | 11/21/06
Linux code  amedina2006 | 11/22/06
$40 MILLION just cause Novell likes Steve Ballmer?  No_Ax_to_Grind | 11/21/06
companies make deals all the time not to sue each other...  doctorSpoc | 11/21/06
Message has been deleted.  B.O.F.H. | 11/21/06
Microsoft gave Novell an up-front payment of $348 million.  B.O.F.H. | 11/21/06
Why is it significant?  No_Ax_to_Grind | 11/21/06
$40 million is a lot elss than $348 million.  B.O.F.H. | 11/21/06
Why is it significant?  hmcm@... | 11/22/06
If I were to hazzard a guess...  Zogg | 11/21/06
Zogg boy, if the tough questions bother you,  No_Ax_to_Grind | 11/21/06
$40 million - an investment perhaps?  ladyirol | 11/21/06
exactly...  doctorSpoc | 11/21/06
This is what is being paid for:  B.O.F.H. | 11/21/06
Yes, for *something*, but we don't know what.  Zogg | 11/21/06
If you stoped and thought about it  bitfuzzy | 11/24/06
40mil from Novell and 108mil from MS...  Physco Dude | 11/24/06
Ghosts of SCO...  jasonp@... | 11/21/06
The difference is that both Novell and MS ...  mwagner@... | 11/27/06
Ballmer spin spelling trouble ...  George Mitchell | 11/21/06
Haha...that just gave me a lightbulb moment!!!  techboy_z | 11/21/06
Its a Microsoft's unique claim to fame ...  George Mitchell | 11/21/06
Anyone dumb enough to make a deal  GoPower | 11/21/06
Maybe Novell paid the $40 million because . . .  Plain Logic | 11/21/06
Two questions.  Cardinal_Bill | 11/21/06
Novell  Media-Ted@... | 11/21/06
"continue reading the news"  Ole Man | 11/25/06
Truth is ALWAYS stranger than fiction ...  mwagner@... | 11/27/06
RE: Novell and Microsoft enter into late night spitting match over $40M  gm52 | 08/25/09

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